Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

To: EnderWiggins

Just to make it crystal clear;

Immigration and Citizenship: Process and Policy fourth edition
Under Jus Soli, the following is written “The Supreme Court’s first holding on the sublect suggested that the court would give a restrictive reading to the phrase, potentially disqualifing significant number of persons born within the physical boundries of the nation. In Elk v. Wilkins 112 U.S. 94, 5 S.CT. 41, 28 L.ED. 643 (1884), the court ruled that native Indians were not U.S. citizens, even if they later severed their ties with their tribes. The words “subject to the jurisdiction thereof,” the court held, mean “not merely subjct in some respect or degree to the jurisdiction of the United States, but completely subject to their political jurisdiction, and owing them direct and immediate allegiange.” Most Indians could not meet the test. “Indians born within the territorial limits of the United States, members of, and owing immediate allegiance to, one of the Indian Tribes, (an alien through dependent power,) although in a geographical sense born in the United States, are no more ‘born in the United States and subject to the jurisdiction thereof,’*** then the children of subjects of any foreign government born within the domain of that government ***. Id. at 102.
It continues that Congress eventually passed legislation with the ‘Allotment Act of 1887, that conferred citizenship on many Indians.

The fact remains, the Court held, complete and sole Jurisdiction. As I have held that being born anywhere in the United States, jurisdiction is required, sole and complete, and Barack Hussein Obama was already claimed by British jurisdiction under the British Nationailty Act of 1948, and as such fails the United states Constitutional requirement of a Natural Born Citizen.

§ 212. Citizens and natives.
The citizens are the members of the civil society; bound to this society by certain duties, and subject to its authority, they equally participate in its advantages. The natives, or natural-born citizens, are those born in the country, of parents who are citizens. As the society cannot exist and perpetuate itself otherwise than by the children of the citizens, those children naturally follow the condition of their fathers, and succeed to all their rights. The society is supposed to desire this, in consequence of what it owes to its own preservation; and it is presumed, as matter of course, that each citizen, on entering into society, reserves to his children the right of becoming members of it. The country of the fathers is therefore that of the children; and these become true citizens merely by their tacit consent. We shall soon see whether, on their coming to the years of discretion, they may renounce their right, and what they owe to the society in which they were born. I say, that, in order to be of the country, it is necessary that a person be born of a father who is a citizen; for, if he is born there of a foreigner, it will be only the place of his birth, and not his country.

Indigenous peoples are any ethnic group who inhabit a geographic region with which they have the earliest known historical connection

ethnic; An ethnic group is a group of humans whose members identify with each other, through a common heritage that is real or assumed

common heritage; Common Heritage of Mankind (also termed the common heritage of humanity,common heritage of humankind or common heritage principle) is a principle of international law which holds that defined territorial areas and elements of humanity’s common heritage (cultural and natural) should be held of trust for future generations and be protected from exploitation by individual nation states or corporations.

So how can a foreigner be part of a native/Indigenous people, that are part of a ethnic bond with a common heritage?

ANSWER THE SIMPLE QUESTIONS;

Title 8 and the 14th Amendment both state; All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.

So explain how “not merely subjct in some respect or degree to the jurisdiction of the United States, but completely subject to their political jurisdiction, and owing them direct and immediate allegiange.”

So to ‘what’ degree was Barack Hussein Obama under US Jurisdiction at birth? Knowing that he was already under British jurisdiction, and how that being only partial or to whatever degree you impose not being in conflict with “completely subject to”?

Mind you this is The Supreme Court that has stated complete and not partial to any degree jurisdiction.


910 posted on 02/16/2010 12:46:18 PM PST by syc1959
[ Post Reply | Private Reply | To 905 | View Replies ]


To: syc1959
Crystal clear? That was about as clear as mud.

This is what crystal clear looks like:

" The jurisdiction of the nation within its own territory is necessarily exclusive and absolute. It is susceptible of no limitation not imposed by itself. Any restriction upon it, deriving validity from an external source, would imply a diminution of its sovereignty to the extent of the restriction, and an investment of that sovereignty to the same extent in that power which could impose such restriction. All exceptions, therefore, to the full and complete power of a nation within its own territories must be traced up to the consent of the nation itself. They can flow from no other legitimate source."

---and---

"The real object of the Fourteenth Amendment of the Constitution, in qualifying the words, "All persons born in the United States" by the addition "and subject to the jurisdiction thereof," would appear to have been to exclude, by the fewest and fittest words (besides children of members of the Indian tribes, standing in a peculiar relation to the National Government, unknown to the common law), the two classes of cases -- children born of alien enemies in hostile occupation and children of diplomatic representatives of a foreign State -- both of which, as has already been shown, by the law of England and by our own law from the time of the first settlement of the English colonies in America, had been recognized exceptions to the fundamental rule of citizenship by birth within the country.

Yep... Wong Kim Ark blows you out of the water yet again.
912 posted on 02/16/2010 12:53:27 PM PST by EnderWiggins
[ Post Reply | Private Reply | To 910 | View Replies ]

Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson